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Should I Consider Divorce Mediation?

Dealing with a divorce? You may be feeling overwhelmed by the labyrinth of legal proceedings that lie ahead, not to mention the emotional distress that accompanies the dissolution of a marriage.

What if there were a more amicable, confidential, and cost-effective way to traverse this challenging period? This is where divorce mediation in NJ comes into play.

Divorce mediation offers an empowering alternative to traditional divorce litigation. Imagine the relief of not battling out issues in court. Rather, navigating them in a collaborative, respectful environment.

If the thought of a less contentious and more harmonious divorce appeals to you, read on. Let our skilled Millburn divorce attorneys at Goodgold West & Bennett LLC, guide you through the concept and process of divorce mediation.

What is Divorce Mediation?

Divorce mediation in NJ is a cost-effective, confidential, and collaborative approach to dissolving a marriage. Instead of battling out issues in court, couples work with a neutral third party (the mediator) who helps them negotiate and resolve disputes amicably. The mediator doesn’t take sides or make decisions but facilitates open communication to reach mutually satisfying agreements.

Benefits of Divorce Mediation

Divorce mediation presents numerous advantages that serve to reduce the stress and turmoil often associated with divorce proceedings.

Firstly, it provides an environment of control. In traditional divorce proceedings, a judge has the final say. With mediation, you and your spouse have control over the decision-making process, promoting a sense of empowerment and ownership over the outcome.

Secondly, mediation values confidentiality. Traditional divorce hearings take place in a public courtroom, while mediation sessions are private. Everything discussed during your mediation sessions remains confidential, protecting you and your family’s privacy during a highly sensitive time.

Thirdly, there’s an element of flexibility. Every family is unique, with its own set of circumstances. Mediation allows for the creation of personalized agreements that address individual needs, desires, and concerns. Unlike court-imposed decisions, these tailored solutions often lead to better post-divorce relationships and increased compliance with the agreement.

Lastly, divorce mediation can be more cost-effective. Traditional divorce trials can quickly escalate in cost, with attorney fees, court costs, and more. Mediation, in contrast, is typically significantly less expensive. By choosing mediation, you can alleviate financial stress during an already challenging period.

What Happens in Divorce Mediation?

The process of divorce mediation in NJ involves a series of meetings with a neutral mediator, yourself, and your spouse. The mediator’s role is not to take sides or make decisions, but rather to guide discussions and facilitate negotiations.

During the first meeting, you and your spouse will have the opportunity to share your concerns, goals, and desired outcomes for the mediation. This helps set the stage for future discussions.

In the following meetings, issues such as property division, child custody, child support, and alimony will be addressed. The mediator will guide the discussions, helping to ensure they remain productive and respectful. The mediator might suggest potential solutions or ask clarifying questions to help you and your spouse understand each other’s perspectives better.

Once all issues are resolved, the mediator will draft an agreement reflecting your decisions. This agreement will be reviewed by you and your spouse before being submitted to the court for approval.

Know that the process of mediation is voluntary. If at any point it becomes apparent that mediation is not working, you have the right to terminate the process and pursue a traditional divorce proceeding.

Is Divorce Mediation Right for You?

Divorce mediation isn’t for everyone. However, if you seek a private, cost-effective method and are ready to work cooperatively with your spouse, it might be the right choice.

If there are serious power imbalances or domestic abuse, mediation may not be the best route. Your Millburn divorce attorney can provide guidance based on your unique situation.

If you’re weighing the pros and cons of divorce mediation, don’t navigate these difficult decisions alone. Let our seasoned Millburn divorce attorneys help you explore your options and find the path that best fits your circumstances. We frequently serve as panelists in the Essex County Early Settlement Program, assisting hundreds of couples in resolving their disputes amicably.

Contact Goodgold West & Bennett LLC today. With our help, you can turn a new leaf towards a brighter, conflict-free future.

July 14, 2023
Four Legal Takeaways from Succession

After four seasons of corporate machinations, failed boardroom coups, mergers and acquisitions galore (and possible securities fraud), the saga of the Roy family has reached, if not an end, a point of departure.

We’ll leave the post-mortem of the show to the professional critics, but what are some takeaways for lawyers (and their clients) from Succession? (Caution, spoilers ahead.)

1. Plan for contingencies

The first lesson is in the title, Succession.

The question that haunts the show, especially its most recent season, is what will happen after the founder of Waystar Royco, Logan Roy, passes from the scene. The fundamental source of drama is that at one point or another, Logan promises each of his children that they will take over as CEO.

Indeed, in one especially clever twist, Logan’s thoughts on his successor are found among his other estate plans with his son Kendall’s name either underlined or crossed out, depending on one’s view.

Of course, in real life, this is rarely how the selection of corporate officers works out. Corporate officers are usually selected by an organization’s board of directors. Even in the show, where the underlining of Kendall’s name is taken to be an endorsement from beyond the grave, the company’s board ultimately approves of the nomination through an informal vote.

But the potential for chaos surrounding that vote illustrates the importance of planning for contingencies in corporate documents. What happens if a key executive is suddenly unable to fill their role due to incapacitation or injury? That possibility needs to be addressed in the entity’s formation documents from the outset, and a well-counseled business will be prepared by their lawyer for that possibility.

2. Remember your fiduciary duties

The focus of Succession was on which of the Roy siblings, if any, would be tapped to take the reins of the company, but Waystar Royco was not a family business—it was a publicly-traded company whose executives and directors had a duty to put shareholder interests first.

To the show’s credit, while the protagonists may have often lost sight of this fact, the show’s writers stayed true to that reality.

The central question of the final season, linked to the question of who would take over Waystar Royco, was whether the board would accept a very generous merger offer for the company, a merger that by all accounts would have commanded quite a premium for shareholders. And the board ultimately chose to put shareholders first, approving the buyout despite heavy politicking from Kendall to keep the company in the family. At the end of the day, Kendall could not win the shareholder value argument.

As attorneys, we too must be vigilant about our fiduciary duties, especially when our clients are institutional. The duty is always to the company first, not the interests of particular executives or directors, even if those are the persons we directly report to on a day-to-day basis.

3. Skeletons never stay in the closet

The next lesson is an interesting one because it involves drama and deception.

One of the major narrative arcs in Succession had to do with a scandal surrounding Waystar Royco’s cruise line. The scandal involved two layers of cover-ups—one to conceal actual crimes that occurred on the cruise ships and a second cover-up of the cover-up in which characters destroyed internal company documents in an attempt to keep the dead buried (quite literally).

As with most cover-ups, the deception failed. As attorneys, we walk a tricky line regarding company malfeasance. On the one hand, we have a duty to keep client matters confidential, unless directed otherwise. On the other hand, we cannot turn a blind eye to corporate malfeasance and fraud, especially when tolerating that malfeasance would ultimately harm the company.

While Waystar Royco did ultimately weather the storm, it was subjected to a Congressional investigation, a Department of Justice investigation, and a hefty fine. No one went to jail, but the company was not unscathed.

Imagine if instead of participating in these cover-ups, the company’s attorneys had rooted out the malfeasance at the beginning, explained to corporate decision-makers that the actions would have consequences and pressed for internal changes. Not as thrilling, sure, but that would have been the responsible approach.

As attorneys, we do our clients no favors by being a rubber stamp. That doesn’t protect the company, the real client.

4. R.I.P. to the Old Boys Club

One central theme running through all four seasons of Succession is how poorly women are treated in the corporate world (or at least at Waystar Royco).

Waystar Royco was rife with inappropriate relationships, whether it was the strange bond between Roman and Gerri, or the tryst between Logan and Kerry. And we saw how it came back to harm the company, not only in how it stifled talented individuals from rising to the top but also by generating millions of dollars in litigation liability.

Waystar Royco was portrayed as a particularly heinous company in this regard. But we all know that harassment and discrimination still exist, and the individuals that engage in it are breaking the law and putting their businesses and shareholders at risk. Even when it’s uncomfortable, attorneys have to speak out and tell individuals that this behavior cannot be tolerated.

While the series was prized for its entertainment value, Succession also illustrates a number of the challenges facing attorneys of institutional clients, especially large institutional clients with a wide range of stakeholders.

At The Law Offices of Andrew Dressel LLC, we provide general counsel services to businesses large and small, including litigation services. To discuss the services we can provide your company, call us at 848-202-9323 or email contact@d-mlaw.com.

This article is not legal advice and you should not rely on it for legal advice. Please contact an attorney if you have a legal question.

July 13, 2023
The Top 5 Mistakes Employers Make in Employment Law Cases

Ask any employer if they’ve ever faced employment law issues, and if they’ve been in business for a long time, the answer is probably yes. It’s very common for employers to face legal issues, and employment law cases can be complex.

Mistakes during these legal proceedings can have significant consequences, resulting in costly settlements, damaged reputation, and potential legal repercussions. That’s why employers must be aware of common pitfalls and how to avoid them.

Risks faced when employers mishandle employment law cases

Legal issues in the workplace aren’t uncommon. According to a report by Hiscox, up to 10% of small to mid-sized businesses deal with some kind of employee discrimination claims. The average cost of matters that lead to a defense and settlement payment is $160,000 and took 318 days to be resolved.

But financial costs aren’t the only risk of running up against employment law cases. In addition to financial penalties and losses, businesses also face reputational damage, decreased productivity, and loss of employee morale.

Top five employment law mistakes employers can make (and how to avoid them)

No business wants to face financial losses or damage their reputation—but when you take the right measures, you can avoid some of the most common mistakes and protect your business’ future.

Mistake #1: failing to sufficiently document

Accurate and detailed hiring records, performance evaluations, disciplinary actions, and any complaints or grievances are essential for your business, yet one of the most common mistakes employers make is failing to maintain comprehensive documentation and records related to their employees.

Not only does thorough documentation practices ensure a fair and transparent workplace, but they can help protect employers in potential legal matters, from wage and hour claims to charges of discrimination.

Without the right documentation strategy in place, employers may find it difficult to defend their actions or demonstrate compliance with employment laws. Moreover, insufficient records can weaken an employer’s position during negotiations, arbitration, or litigation, making it harder to disprove allegations or support their defense.

Avoid this mistake by: getting trained on best practices for workplace documentation

If your business doesn’t have clear documentation practices, consider seeking out an experienced employment attorney to help guide staff through best practices for creating documentation.

Having a solid foundation for how to appropriately create and maintain documentation for your business will make it easier to establish the right policies and procedures for documentation, ensure consistent record-keeping practices, and regularly train supervisors and managers.

Mistake #2: inadequate policies and employee handbooks

You wouldn’t expect your employees to know how to step into their role without guidance on their current daily tasks and responsibilities—but are you expecting them to know how to be an employee at your company without it?

Another significant mistake employers make is failing to develop, implement, and maintain comprehensive employment policies and employee handbooks.

Policies provide employees with a framework for expected behavior and serve as evidence of compliance with current employment laws. Without proper policies in place, employers may inadvertently violate laws, leading to potential legal claims.

Avoid this mistake by: regularly reviewing and updating policies

Laws, especially in regards to employment matters, are by no means static. Even if you have thoroughly documented policies and practices that align with relevant statutory requirements, they may change.

Employers should assess policies to reflect current laws and regulations. Consulting with an employment law firm can ensure policies are aligned with legal requirements.

Once policies have been updated, employers must communicate changes to employees, including distributing and obtaining signed acknowledgments of receipt. Regular training sessions on policies help prevent misunderstandings and ensure compliance.

Mistake #3: insufficient training programs

Failure to provide sufficient training to employees and management on employment laws and regulations is a significant mistake employers often make.

Inadequate training can lead to misunderstandings, inconsistent practices, and unintentional violations of laws, resulting in costly legal disputes. Training programs should cover anti-discrimination, harassment prevention, wage and hour laws, and workplace safety.

Avoid this mistake by: investing in a comprehensive training program

Regularly scheduled training sessions, whether conducted in person or online, should be mandatory for all employees, including supervisors and managers. Training programs should be documented, and employee attendance records should be maintained as evidence of compliance efforts.

Mistake #4: mishandling complaints and investigations

Employers often mishandle employee complaints, leading to legal disputes that can escalate quickly.

Failing to promptly and thoroughly investigate complaints of discrimination, harassment, or other misconduct can expose employers to significant legal liabilities. Employers must establish clear procedures for reporting complaints and ensure confidentiality and impartiality throughout the investigation process.

When an employee raises a concern or files a complaint, employers should take immediate action to investigate the matter. Employers should designate trained individuals or external resources to conduct objective and fair investigations. It’s crucial to document each step of the investigation, including interviews, evidence gathering, and conclusions reached.

Avoid this mistake by: addressing complaints before they escalate

Employers should make sure that it is safe and as comfortable as possible for employees to share grievances, but it’s just as important to provide timely feedback on any complaints and communicate the results of any investigations.

To ensure fairness and equal treatment, establish clear procedures for supervisors and HR staff members to follow in these situations. Finally, employers must guarantee that no employee faces retribution or retaliation for filing complaints.

Mistake #5: improper classification of employees

Misclassifying employees as independent contractors or exempt from overtime pay is a serious error that can result in substantial legal consequences.

Employment classification determines an employee’s entitlement to benefits, overtime pay, and legal protections. Misclassification can lead to wage and hour claims, unpaid overtime lawsuits, and tax implications.

Avoid this mistake by: consulting with employment law counsel to verify

Employers must accurately classify employees based on applicable laws and regulations. Understanding the criteria for independent contractor status and the exemptions from overtime pay under the Fair Labor Standards Act (FLSA) is crucial.

Consulting with a knowledgeable employment law firm can help employers ensure proper classification, minimizing the risk of misclassification claims.

The solution: seek out an experienced employment law firm

Employers face many challenges in navigating employment law cases. By recognizing and avoiding the top five mistakes discussed above, they can significantly reduce legal risks, protect their reputations, and maintain a positive work environment.

However, legal support is vital in complex employee legal matters—and the wrong decision can have lasting consequences. Working with an experienced employment law firm can help employers navigate sensitive concerns before they become a problem, establish policies and practices that support the needs of both employees and the business, and protect their future.

July 6, 2023
Is It Ever Too Late for a Nuptial Agreement?
Ever found yourself wondering about the seemingly complex world of marital agreements? It’s common to think about a prenuptial agreement before tying the knot, but what about a post-nuptial agreement in NJ?

Believe it or not, the beauty of such an agreement is that it’s never truly too late to consider. In this dynamic world, situations change, as do our needs and priorities.

Here at Goodgold West & Bennett LLC, we understand that life’s uncertainties can be daunting, especially when it comes to your hard-earned assets and the financial stability of your loved ones.

When Should You Have a Nuptial Agreement?

The ideal time for a nuptial agreement is prior to marriage. However, circumstances sometimes demand attention post-marriage.

Enter the post-nuptial agreement. This type of agreement can be signed at any point after the wedding, helping couples protect their individual interests within the marriage.

Whether it’s due to changes in financial status, a desire to safeguard children’s future, or simply for peace of mind, it is a practical option.

However, the question of timing does revolve around one crucial factor: mutual consent. Both parties must agree to the terms and execute the agreement voluntarily. It is also crucial to note that in the event of a divorce proceeding, having an agreement in place ahead of time is beneficial.

How to Create a Nuptial Agreement

Creating a prenuptial or post nuptial agreement in Millburn, NJ, involves a structured approach.

Here’s a step-by-step guide:
- Open Communication: Begin with honest discussions about assets, liabilities, and expectations. This step forms the bedrock of the agreement. Understand that it’s not about winning or losing but about fairness and clarity.
- List Assets and Liabilities: Document everything — properties, investments, business ownership, debts, etc. Full transparency is essential to avoid legal complications later.
- Decide Terms: Determine how these assets and liabilities will be divided in the event of a separation or death. Also, consider spousal support and child care provisions if applicable.
- Consult an Attorney: Seek legal advice from a reputable Millburn family law attorney. They can help you understand your rights, the legalities involved, and ensure that the agreement meets NJ laws and is fair to both parties.
- Draft the Agreement: Your attorney will draft the agreement reflecting your decisions. Make sure you both read it thoroughly and understand all terms before signing.
- Sign and Notarize: Both parties must sign the agreement voluntarily, and it’s recommended to get it notarized for additional legal standing.
Every situation is unique, and your agreement should reflect your particular circumstances. Involving a competent Millburn family law attorney can ensure that your agreement is compliant with the law, fair, and enforceable.

What Should Your Nuptial Agreement Cover?

A well-crafted Millburn post nuptial agreement should cover areas such as division of property, spousal support, division of debts, and provisions for children, if any.

A comprehensive nuptial agreement should ideally cover the following:
- Division of Property: Detail how your assets, including real estate, investments, and personal property, will be divided.
- Spousal Support: Define whether and how much spousal support (alimony) will be paid in the event of a divorce.
- Division of Debts: State how your debts will be divided. It can include mortgages, loans, credit card debts, etc.
- Child Provisions: If you have children or planning to, decide on matters like custody, visitation rights, and financial support.
- Retirement Plans and Insurance: Agree on how your retirement benefits and insurance proceeds will be handled.
- Estate Planning and Inheritance: Discuss provisions for inheritances and estate planning. It could involve trusts or wills for children or beneficiaries.
- Dispute Resolution: Determine how disagreements over the agreement will be handled. For instance, will you use mediation, arbitration, or court settlement?
Remember, agreements that seem one-sided, or unconscionable, may be invalidated by a court. That is why, it is wise to consult with seasoned Millburn family attorneys to guide you through the process.

Create Your Nuptial Agreement With the Help of Our Family Law Attorney

At Goodgold West & Bennett LLC, we’re dedicated to guiding you through every step of this important process. If you’ve been contemplating a nuptial agreement in NJ, now might be the perfect time to act. Protect your assets, secure your future, and make sure your family is taken care of — no matter what life throws your way.

Interested in discussing your options further? Don’t leave it to chance. Contact us today. Together, we can pave the way toward your secure future.
June 30, 2023
Types of White Collar Crimes

In the state of New Jersey, with its diverse industries and commercial enterprises, the term ‘white collar crime’ has unfortunately become an all-too-familiar phrase. You’ve perhaps come across it in a headline, during a water-cooler conversation, or in the midst of a boardroom discussion.

However, when that phrase unexpectedly shifts from the abstract to personal relevance, it carries a weight that can feel insurmountable. Suddenly, you or your corporation may be under scrutiny, ensnared in a complex web of accusations and legal jargon.

The repercussions of being charged with a white collar crime can be severe and far-reaching, impacting not only your professional reputation but also your personal life. As such, understanding the nature of these crimes, their nuances, and their potential consequences in New Jersey is crucial.

What are White Collar Crimes?

White collar crimes refer to non-violent offenses typically committed in commercial contexts by individuals or corporations for financial gain. These crimes often involve deception, manipulation, or breach of trust.

Common Types of White Collar Crimes in New Jersey

The complex world of white collar crimes can feel like walking through a labyrinth. To shed light on this, let’s delve into the common types of white collar crimes in New Jersey and what they entail.

1. Fraud

Fraudulent activities cover a wide spectrum. It encompasses a wide array of deceitful activities, all designed to secure unlawful financial gain. Fraud is generally defined as the intentional deception of another individual or entity, done with the knowledge that the actions could result in some unauthorized benefit to the fraudster or another person.

2. Embezzlement

This involves the wrongful appropriation of funds or property entrusted to one’s care, typically in a corporate setting. This could be an employee diverting company funds into personal accounts, or a fiduciary taking money from a trust or estate.

3. Tax Evasion

Tax evasion is an illegal practice where a person, organization, or corporation intentionally avoids paying their true tax liability. Those caught evading taxes may be subject to criminal charges and substantial penalties.

4. Identity Theft

This involves acquiring and using another one’s personal data without their consent for financial gain. This can range from credit card fraud to taking out loans or securing medical services in another person’s name.

5. Bribery

Bribery involves offering, giving, receiving, or soliciting something of value as a means to influence the actions of an individual holding a public or legal duty. This is considered corruption and is a serious offense.

6. Money Laundering

This crime involves making illegally-gained proceeds appear legal by disguising the true origin of the money. This is often done through complex sequences of bank transfers or commercial transactions.

7. Racketeering

Racketeering involves conducting an illegal business or scheme in order to profit. It is often associated with organized crime and includes a range of activities from illegal gambling and prostitution to smuggling and drug trafficking.

Each of these white collar crimes carries its own set of complexities and defenses. If you find yourself implicated in any such activities, it’s essential to reach out to a skilled criminal defense attorney in Millburn, NJ.

Penalties for New Jersey White Collar Crimes

The penalties for white collar crimes in New Jersey vary but can be severe. They often include fines, restitution, probation, community service, and even incarceration. The exact penalty will depend on the crime’s severity, the financial harm caused, and the offender’s criminal history. At this juncture, it becomes vital to seek guidance from a white collar criminal defense lawyer in Millburn, NJ.

Seek a Legal Representation From a Criminal Defense Lawyer in Millburn, NJ

Fighting a white collar crime charge can be a daunting task. It requires a comprehensive understanding of laws, rules, and procedures, paired with an aggressive and strategic defense approach.

Our criminal defense attorneys in Millburn, NJ have a wealth of experience, knowledge, and dedication to every case, ensuring that you receive the best possible defense.

Everyone deserves fair representation. So, when the unthinkable happens, reach out to the best white collar defense lawyer in New Jersey to protect your rights and to turn the tide in your favor. Contact Goodgold West & Bennett LLC today, and let us shoulder the burden of your defense.

June 16, 2023
Essentials for Business Contracts: Three Must-Haves
Contracts are core documents for business operations. Businesses may rely on contracts to:
- Conduct transactions with outside parties
- Handle internal functions like employment contracts
- Limit legal liability to protect the company and its owner
To truly serve its purpose, a contract must clearly define the obligations and responsibilities of all parties—and the terms must be laid out in detail so that they are enforceable.

A New Jersey business contract attorney can help you understand the essentials of business contracts. Business attorneys are equipped to look out for your best interests and help you avoid costly litigation.

You can get a jump start on understanding business contracts today by learning three essential guidelines to follow for effective contracts. That way, you’ll be ready to take full advantage of professional advice from a business attorney.

Three must-have features for your business contracts

1. Make your contract’s language clear and simple

Breaching a contract is more likely when parties don’t fully understand the terms and conditions of that contract. Meanwhile, clearly-written contracts are less likely to be challenged in court if one of the parties fails to meet their obligations.

To be considered legally enforceable contracts under New Jersey law, contracts must contain three specific elements:
- A definite offer
- Acceptance of the offer
- Consideration
If any of the elements of a contract are missing or questionable, the court could rule that the parties did not have a legally binding agreement.

Offer

It may sound obvious, but for a contract to be valid, the offer must be communicated to the other party. An offeror makes an offer to sell a product or property, perform a service, or engage in a business venture. The person who receives the offer is the offeree.

An offer is dependent on a specific promise, act, or forbearance (lack of action).

An offer must be definite and clear so that the offeree understands that an offer is being made and that accepting the offer creates a binding contract.

The offer must also be specific enough to describe what is being offered. For example, in real estate, a legal description of property is more than just a street address, and often includes specific boundaries as measured by a surveyor.

Acceptance

Acceptance is the act of consenting to and approving the terms and conditions of the offer. When an offer is accepted, this creates a legally binding contract between parties. If a party fails to fulfill the terms and conditions of their agreement, the contract provides the other party with legal recourse.

An acceptance only occurs when the acceptance is unqualified and unequivocal. The offeree must agree to the exact terms of the offer as specified by the contract.

If an offeree states they will accept the offer with changes, there is no binding contract. Instead, the offeree has made a counteroffer which must then be communicated to the offeror.

Consideration

Consideration is an exchange of promises or performance for something of value. Consideration can be money, an item with economic value, or a promise to perform or not perform specific acts.

The consideration does not need a minimum value for a contract to be valid. Both parties must receive something from the agreement. Courts can enforce a contract even if a party receives something of nominal value. An example would be a real estate contract transferring property for “$1 and Love and Affection.”

Without consideration, a contract is not enforceable. Consideration is what distinguishes a gift from an enforceable contract.

2. Provide sufficient detail about expectations and obligations

Contractual obligations are the legally binding promises that make up a business contract. They explain the rights and responsibilities of each party to the contract. Therefore, it is essential that terms and conditions be crystal clear before either party enters into a contract.

It might be tempting to write short contracts to avoid dealing with long and difficult-to-understand documents. However, trying to keep things “short and sweet” could mean leaving out details essential to protect parties from liability.

Suppose a dispute or breach of contract occurs. In that case, a lack of detail can make it impossible for a judge, mediator, or arbitrator to understand what the parties intended when they signed the contract.

The goal is to draft a business contract that is straightforward and simple enough to understand, but with sufficient detail to avoid ambiguity about the responsibilities and obligations of either party. The terms and conditions of the contract should be clear to anyone reading the contract without either side having to explain what they thought or assumed the contract covered.

Here are some points to keep in mind:
- Avoid acronyms and spell everything out
- Never assume anything when writing a contract—if the reader must assume something, the contract is missing details
- Have a neutral third party review the contract to ensure that the terms are easily understandable, such as a New Jersey business contract attorney
A contract should include sufficient detail to remove all uncertainty about what is expected and provide a way to assess whether the parties have complied with the contract terms.

3. Get everything in writing

Verbal or oral contracts are enforceable under New Jersey contract law, with some exceptions.

For example, contracts governed by the New Jersey Uniform Commercial Code, New Jersey Consumer Fraud Act, and the Statute of Frauds and Fraudulent Conveyances must be in writing to be enforceable.

Other contracts that must be in writing include, but are not limited to, contracts involving employment agencies, home improvement contractors, prenuptial agreements, and automobile sales.

But even though some oral contracts are enforceable, they aren’t the gold standard. A written contract provides the fullest possible protection to all parties involved.

Reasons to use written business contracts include:
- Increased clarity of responsibilities, obligations, prohibitions, and consequences for breaching the contract
- Better protection from liability and other adverse consequences
- Financial savings by avoiding disputes and litigation
- Enhanced trust between parties
- Pre-determined strategies for resolving disputes
Written contracts are generally more enforceable than verbal ones, but merely signing a written contract does not make the contract enforceable or create protection for your business. Therefore, it is important to seek legal advice from an experienced New Jersey business contract attorney when creating or entering into a business contract.

Need help preparing your New Jersey business contract?

Negotiating, drafting, and reviewing contracts is essential to operating a successful business. A well-drafted contract is a strategic way to protect your business from disputes and costly litigation.

Our New Jersey business contract attorneys at The Law Offices of Andrew Dressel LLC provide comprehensive legal services to ensure your business is well-positioned with enforceable contracts if things do not go well during a business transaction.

Contact our law firm for a free virtual consultation if you need help preparing or reviewing New Jersey business contracts.

The content in this article is for general informational purposes only. It should not be construed as legal advice or a substitute for legal advice. The information above does not create an attorney-client relationship. Any reliance you place on such information is therefore strictly at your own risk.
May 18, 2023
You Could Say Anything: Succession, Securities Fraud, and the Consequences of Misrepresentation
“It’s enough to make you lose your faith in capitalism—like, you could say anything.”

This statement, from Kendall Roy, reads like a thesis statement for the back half of this last season of Succession. In episode six, “Living +” Kendall makes grand promises about technology that have never been vetted (sound familiar?), juicing the financial projections of his new product, and editing his dead father’s own recording to make predictions on new, supposedly life-expanding, technology.

At the end of it all, his company’s stock price jumps.

And then in the following episode, “Tailgate Party” we learn that Kendall’s foil, Lucas Mattson, is also juicing his own numbers. Mattson sheepishly admits to Shiv Roy that GoJo’s subscriber in India has been vastly overstated, to the extent that the numbers would require “two Indias” to make sense.

Of course, you cannot, in fact, “say anything” and both Roy and Mattson are keyed into the fact that the other’s misrepresentations are their weakness. In fact, each character may have potentially committed significant acts of securities fraud.

What is securities fraud?

Demonstrating securities fraud can be complex, but the concept behind it isn’t: securities fraud involves the misrepresentation or omission of information in an attempt to deceive investors and manipulate the financial markets.

Securities fraud can involve a wide range of activities, but generally speaking, it’s composed of six basic elements:
1. Material misrepresentation or omission by the defendant
2. Scienter
3. Connection between the misrepresentation or omission and the purchase or sale of a security
4. Reliance upon the misrepresentation or omission
5. Economic loss
6. Loss causation
Breaking down securities fraud on Succession

How would a potential case of securities fraud against both Kendall Roy and Lukas Mattson play out in court? Let’s look at the different factors and how each character’s actions stack up.

Creating material misrepresentation

Both Roy and Mattson have ticked the box for the first requirement of securities fraud: each has made a material misrepresentation.

Mattson’s is clearer, as he knowingly misrepresenting the number of subscribers to his company’s product. Kendall’s is a little murkier, as he intentionally fogs things up, posing the potential health benefits as hypotheticals. His aggressive financial projections are positioned as just that—projections.

However, Kendall omits the real questions behind these forecasts and projections. He also alters his father’s video to make a claim his father, the influential former CEO, never made, a clear misrepresentation (although again the alteration is to a forecast, not a statement of fact; Kendall is careful to create some plausible deniability).

Scienter and false statements

Scienter speaks to the state of mind of the issuer of the false statement: did they know it was untrue?

In Succession, both characters here are clearly in the know: Mattson is fully aware that his numbers are nonsense, and so does Kendall.

In short: if a factfinder at trial had access to the same evidence the audience does, this element is clearly satisfied.

Sales, reliance, economic loss, and loss causation

Assuming people are making stock purchase decisions based upon these statements, the rest of the criteria for securities fraud could be quickly met. A critical factor, of course, is the movement of the financial markets. Assuming stock prices drop once the truth is revealed, economic loss and loss causation potentially follow.

Loss causation requires a showing that of either:
1. A corrective disclosure revealing the fraud to the public followed by a significant decline in stock price, or
2. That the events causing the investor losses were a foreseeable consequence of the fraud and within the zone of risk the securities law were designed to prevent.
While this can sometimes be a high bar to clear, in these cases, especially Mattson’s, the bar is well-cleared.

How common is securities fraud?

While this all makes for good television, how often does something like this happen in reality?

We know Waystar Royco is a massive publicly-traded company. Assuming the same is true for GoJo, the answer is not very often at all.

Publicly-traded companies are required to make quarterly disclosures, which are audited. Moreover, companies aren’t just under the watchful eye of the auditors. They’re also under the watchful eye of professional short sellers like Citron Research, whose mission is to cast a skeptical eye on statements and projections of publicly-traded companies.

This means that if GoJo was overstating its India subscriber numbers by a factor of two, this information would quickly come to light. Mattson even hints at this in the most recent episode, complaining, “I don’t want some forum monkeys just shorting me.”

Indeed, it’s hard to recall a large publicly-traded company engaged in this level of fraud since the days of Enron, Worldcom, and Tyco.

Navigating securities fraud matters? We can help.

In the world of non-publicly traded companies fraud is—while not commonplace by any means—more common. And when securities fraud is in question, the stakes can be extremely high.

The Law Offices of Andrew Dressel LLC is a commercial litigation boutique that aids in both the prosecution and defense of claims of fraud, including securities fraud. If you have been accused of fraud, or believe you have been the victim of a fraud, please contact us online or give us a call at 848.202.9323.

The content in this article is for general informational purposes only. It should not be construed as legal advice or a substitute for legal advice. The information above does not create an attorney-client relationship. Any reliance you place on such information is therefore strictly at your own risk.
May 16, 2023
Modifications to Child Custody Agreements
Bringing a child into the world can be a very wonderful and joyous experience. While having a child can come with a lot of joy, it is also important that the child is properly taken care of. In some situations, particularly when there is a divorce or the child’s parents are not married, a child custody agreement may be necessary.

When it comes to child custody NJ parents may find that their availability to care for a child can change. In these situations, you may need child custody modifications. There is a lot that someone should know about these modifications, including when they can be done and what process needs to be followed.

When Can You Modify Child Custody Agreements in NJ

A child custody agreement is a binding document that outlines the custody responsibility of each parent. This will include highlighting when a parent will take care of the child throughout the week, month, and year. While these agreements are designed to be long-term agreements, there are plenty of situations and life circumstances that could arise when you need to have the document modified.

One of the most common situations when a child custody agreement may need to be changed is if there is a change in one parent’s work schedule. If a parent is suddenly required to work different shifts or days of the week, it can make sense to modify the agreement. The agreement may also need to be modified based on the schedule of a child. If school or curricular activities change, the custody agreement may need to be modified to accommodate the child.

The ability of a parent to provide necessary care can also influence the child custody agreement. For example, if a parent becomes ill, disabled, or incarcerated, they may no longer be able to provide the necessary care. Also, if one parent has to move out of state, the existing plan may no longer make sense. In these situations, you can often modify the child custody agreement.

Substantial Change in Circumstances To Modify Child Custody Agreement

To change a custody agreement in NJ, you need to show the court that there has been a big change that affects what’s best for the child. This could be things like a parent moving away, problems with school, or abuse in the family. You have to prove that this change is bad for the child and show what the current custody schedule is. Other examples include changes in the work schedule or a child’s growing needs. The court will decide what is best for the child.

How To Modify Child Custody Agreements

For those wondering how to amend a child custody agreement, there are various steps that need to be followed to ensure it is done properly:
- A formal motion needs to be filed. This should be filed by an attorney and will outline the need for a modification.
- Other parents need to be formally served with the motion. This needs to be done with enough time prior to a hearing date to allow the other party to prepare.
- A court-ordered updated custody agreement will then be released. There is the possibility of an appeal if you are not satisfied with the result.
How Goodgold West & Bennett Can Help

If you are in need of a modification to the child custody agreement and are in the area, hiring a Millburn family law attorney is a good idea. The Millburn family attorneys can guide you through the process of a modification of the custody agreements. This can include negotiating with the other party, submitting all formal requests, and potentially presenting the case in front of family law.

When you are looking for family law support, it would be a great idea to call the team with Goodgold West & Bennett LLC. The family law attorneys with Goodgold West & Bennett LLC can provide all of the legal support that you need to ensure you receive a fair custody agreement modification. Contact us today to learn more about their services or even schedule a full consultation.
May 1, 2023
Child Support Modifications
Child support is a notoriously hot-button topic in family law cases. Issues involving children and money tend to get emotional, even in the best of times. Depending on the circumstances of both parties at the time of the child support ruling and how long ago that was, you may be considering approaching the court for a child support modification in NJ. However, the process behind a modification can be complex and challenging for everyone involved.

To ensure that you get the fair outcome you deserve, it’s important to partner with a Millburn family law attorney. Today, the team at Goodgold West & Bennett LLC is here to discuss some of the main things you need to know about the modification of child support.

When Can You Modify Child Support in NJ

It’s not uncommon for a parent’s financial situation to change regardless of whether they’re the one that pays or receives the child’s support. Should the circumstances change in a significant way, either parent has the right to request that the amount, frequency, or length of the payments be changed.

Changes cannot be asked for or made for any reason, however. One or both of the parents must have had a substantial change in their situation since the original child support order was put into effect. To qualify as a significant change, the change in question must be one that was not known or foreseen when the original ruling was made by the court.

What Are the Reasons for Modifying Child Support?

When the ruling for child support is first made, the judge determines the amount based on a variety of factors in each of the parents’ lives, as well as the New Jersey Child Support Guidelines. To modify the payments, at least one of the following factors must be in play:
- A change in custody arrangements
- Serious illness of a parent or child
- Loss of a home for one of the parents
- Disability of one of the parents
- A significant decrease or increase in the income of one of the parents
- Increase or decrease in the cost of daycare expenses for the children
- Increase or decrease in the cost of health insurance for the children
- Increase or decrease in the number of overnight stays one parent exercises
Please keep in mind that every situation is unique and there may be other factors that warrant asking for a modification. Our team of experienced Millburn family attorneys can help you review your case and determine if you have grounds to ask for a change to child support payments.

How To Modify NJ Child Support

Oftentimes, a judge may expect that you and the other parent have made an effort to try to negotiate with each other before approaching the court for a modification. This, of course, may not be a viable, or even wise, option for many couples. Instead, it’s often a much better option to communicate through your respective attorneys in an attempt to reach an agreement. Should you be successful in coming to an agreement on the modification, the two of you and your lawyers can present your new agreement to the court for filing.

In the event that you cannot reach an agreement on your own, you will need to file a request with the court to modify the support payments instead. As the party requesting a modification, you’ll likely be asked to explain or argue your case before a judge and convince them that you have a valid reason to have the payments changed. This will probably involve discussing the specifics of your income or the other factor(s) behind your request.

Both parents will be asked to appear in court and provide all of the current, relevant information to the court for a judge to review. Once your arguments are heard, and the facts of the situation are taken into account, the judge will make the final ruling.

Get Help With the Modification of Child Support at GFB

When you are looking to revisit or recalculate your child support payments, whether you’re the one paying or receiving the money, the team of Millburn family attorneys at Goodgold West & Bennett LLC is here to help. With our experience and insight into the factors that influence child support, we can help you reach a fair and just ruling in your case.
April 1, 2023
Healthcare Directives

Planning for your future healthcare and medical needs is very important. One document that can ensure your wishes are met is a healthcare directive. These can offer specific guidance for how you can be cared for in certain situations. There is much that you should understand about healthcare directives, what they can do, and what the different options are.

Purpose of Healthcare Directives

A healthcare directive, which can also be referred to as an advance directive, is a legal document that expresses how a person wants to be cared for in certain situations. These documents are designed to ensure that someone’s wishes are fulfilled if they are unable to make decisions for themselves. The directives can be designed to cover a range of scenarios and can provide clear guidance for family members, healthcare providers, and other parties to determine when care should or should not be provided. These directives can come in various forms.

Types of Healthcare Directives and Their Limitations

If you are looking to plan for your future, having an advanced healthcare directive in place can be a good idea. Advance healthcare directives can ensure you receive the form of care that you want. There are a few different forms of healthcare directives to consider, each of which has its own benefits and limitations.

Living Wills

One of the most common types of advanced directives is living will. One part of a will can be to cover how healthcare is handled in certain situations. These can offer specific instructions for medical treatment and end-of-life care. Some of the limitations of these wills can include that they may not cover all situations, they may not be enforceable if the directive violates state law, and they may not be available during an emergency when a healthcare decision needs to be made.

Medical Power of Attorney

With a medical power of attorney contract, an individual can sign over their medical decisions to a trusted friend or family member. Some of the advantages of this is that it can be flexible as the trusted person will have the ability to make decisions on their own. One of the challenges of these documents as they can lead to disagreements with other loved ones when difficult decisions need to be made.

Do-Not-Resuscitate Orders

Do-Not-Resuscitate Orders, or DNRs, is a type of agreement signed that typically states how a person wants to be treated and cared for if they go into cardiac arrest. With these documents, a healthcare provider will focus on making someone comfortable as opposed to saving their life. Some limitations of this agreement include that it does not cover many healthcare situations, and it may not always be reviewed during emergency situations.

How To Create Healthcare Directives

Formal healthcare directives are very important documents that need to be executed and filed the right way. Once you have determined what directives you want to have in place, you should contact an estate planning attorney. An estate planning attorney in New Jersey will be able to complete the necessary forms and have them filed with the right parties. It would be a good idea to give a copy of these forms to your attorney, your loved ones and heirs, and your healthcare provider. This will help ensure all necessary parties have access to these agreements when needed.

How Goodgold West & Bennett Can Help

If you are looking to plan for your future, having proper and enforceable healthcare directives in place is always a good idea. When you are looking to have these put in place, hiring experienced Millburn estate planning attorneys is a good idea. When you have an attorney help with this, they can provide you with consultation on your options and ensure that the directives are prepared the right way and in accordance with the law. This will help ensure they are enforceable when the time comes.

As you are looking to have healthcare directives put in place, it would be a good idea to call the team with Goodgold West & Bennett LLC. When you need Millburn estate planning attorneys, the legal team with Goodgold West & Bennett LLC can offer all the support you need. This will include ensuring you are made aware of your options and have the directives put in place to ensure your wishes are met.

March 1, 2023